Bill Text: NY S05377 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to authorizing child witnesses to testify by use of closed-circuit television in assault and endangering the welfare of a child proceedings.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S05377 Detail]

Download: New_York-2023-S05377-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5377

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 3, 2023
                                       ___________

        Introduced  by  Sen. ROLISON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the criminal procedure law, in relation  to  authorizing
          child  witnesses  to  testify  by  use of closed-circuit television in
          assault and endangering the welfare of a child proceedings

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1 of section 65.00 of the criminal procedure
     2  law, as amended by chapter 320 of the laws of 2006, is amended  to  read
     3  as follows:
     4    1. "Child witness" means a person fourteen years old or less who is or
     5  will  be  called to testify in a criminal proceeding, other than a grand
     6  jury proceeding, concerning an offense defined in  article  one  hundred
     7  twenty,  article  one  hundred  thirty  [of  the  penal law or], section
     8  255.25, 255.26 [or], 255.27 or 260.10 of [such] the penal law  which  is
     9  the subject of such criminal proceeding.
    10    §  2. Subdivision 7 of section 65.20 of the criminal procedure law, as
    11  amended by chapter 320 of the laws of 2006 and as renumbered by  chapter
    12  548 of the laws of 2007, is amended to read as follows:
    13    7.  Notwithstanding  any other provision of law, the child witness who
    14  is alleged to be vulnerable may not be  compelled  to  testify  at  such
    15  hearing  or  to  submit to any psychological or psychiatric examination.
    16  The failure of the child witness to testify at such hearing shall not be
    17  a ground for denying a motion made pursuant to subdivision one  of  this
    18  section.  Prior  statements  made  by  the child witness relating to any
    19  allegations of conduct constituting an offense defined  in  article  one
    20  hundred  twenty  or  one hundred thirty of the penal law [or], incest as
    21  defined in section 255.25, 255.26 or 255.27, or endangering the  welfare
    22  of  a  child as defined in section 260.10 of such law, or to any allega-
    23  tion of words or conduct constituting an attempt to prevent,  impede  or
    24  deter  the child witness from cooperating in the investigation or prose-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09147-01-3
        S. 5377                             2

     1  cution of the offense shall be admissible  at  such  hearing,  provided,
     2  however,  that  a declaration that a child witness is vulnerable may not
     3  be based solely upon such prior statements.
     4    §  3. This act shall take effect immediately and shall apply to crimi-
     5  nal proceedings conducted on or after such date; provided, however, that
     6  the amendments to sections 65.00 and 65.20  of  the  criminal  procedure
     7  law,  made  by  sections  one  and two of this act, shall not affect the
     8  repeal of such sections and shall be deemed repealed therewith.